This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what special measures are for vulnerable witnesses in criminal court in England and Wales, including screens, live video links, intermediaries, pre‑recorded evidence and other protections under the Youth Justice and Criminal Evidence Act 1999 that help witnesses give their best evidence.
Giving evidence in a criminal trial can be daunting for anyone, but it can be particularly stressful for vulnerable witnesses - those whose age, physical or mental condition, or emotional distress may impact how they cope with courtroom procedures. To support these individuals and help ensure they can give their best evidence, the criminal justice system in England and Wales provides a series of protections known as special measures. These measures are designed to make the process of giving evidence clearer, less intimidating and more accessible.
This article explains what special measures are, who may be eligible, how they work in practice and what witnesses and others involved in court proceedings can expect.
What Are Special Measures?
Special measures are adjustments to standard courtroom practices that help vulnerable or intimidated witnesses give evidence in a way that minimises stress and maximises clarity. They are provided under the Youth Justice and Criminal Evidence Act 1999 (YJCEA), which introduced statutory protections to improve how evidence is presented and received in criminal trials.
The principal purpose of these measures is to support witnesses so that fear, distress or difficulties with communication do not undermine their ability to describe events accurately or coherently.
Who Can Qualify for Special Measures?
A witness may be considered eligible for special measures if they are legally defined as:
- Vulnerable - for example someone under 18, a person with a physical or mental impairment, or someone whose ability to communicate may be affected without support; or
- Intimidated - for example a victim of a sexual offence, domestic abuse, modern slavery, stalking or a violent crime, where fear or anxiety would likely diminish the quality of evidence.
Eligibility is assessed individually, based on the particular witness and their circumstances, and the court decides whether to grant the requested protections.
Common Types of Special Measures
Special measures cover a range of procedural adjustments. They can be used individually or in combination, depending on the needs of the witness and the court's view of what will help them give their best evidence.
1. Screens or Curtains
A screen may be placed around the witness box so that the witness does not have to see the defendant while giving evidence. This can reduce fear and distress, particularly when the defendant is present in court.
2. Live Video Link
A witness may be allowed to give evidence via live video link either from another room within the court building or from a secure external location. This means they do not have to enter the courtroom itself, reducing anxiety and confrontation.
3. Evidence Given in Private
The court may order that evidence is given in private, meaning members of the public and press are temporarily excluded from the courtroom while the vulnerable witness gives their evidence. This also helps protect the dignity and privacy of the witness.
4. Removal of Wigs and Gowns
In Crown Court hearings, judges and barristers normally wear wigs and gowns. These can be removed while a vulnerable witness gives evidence to make the setting feel less formal and intimidating.
5. Pre‑Recorded Evidence
Witnesses may give their evidence in chief (their main account of events) in a video recorded interview conducted before trial, which is then played in court. For eligible vulnerable witnesses - particularly children - this approach minimises the need to repeat distressing evidence in open court.
6. Pre‑Trial Recorded Cross‑Examination
Under section 28 YJCEA, vulnerable witnesses may also have their cross‑examination and re‑examination recorded in advance of the trial and played back to the jury, avoiding direct questioning in court. This measure is designed to reduce the stress associated with facing cross‑examination in person.
7. Intermediaries
An intermediary is an independent communication specialist who helps the witness understand questions asked by the court and assists them in expressing clear answers. Intermediaries are particularly important where a witness has communication challenges due to age, disability, learning difficulties or language barriers.
8. Aids to Communication
This includes the use of tools such as communication devices, symbol boards or interpreters to ensure that a witness can understand what is being asked and respond effectively.
How Special Measures Are Applied
Special measures are typically discussed and assessed early in the criminal process following the determination that a witness might qualify. The police or Witness Care Unit conduct a needs assessment and raise the issue with the prosecutor, who may then apply to the court for the appropriate measures. The court ultimately decides which protections should be granted based on whether they are likely to improve the quality of the witness's evidence.
Prosecutors and police must also consult the witness about which measures they feel would be most helpful and explain what each measure involves. Witnesses can choose not to use a particular measure if they prefer not to.
Supporting Best Evidence and Fair Trials
The overarching goal of special measures is to ensure that the evidence given by a vulnerable witness is as complete, accurate and reliable as possible. However, courts must also balance these protections with the defendant's right to a fair trial. The measures are designed to support the witness without unfairly prejudicing the defence or the integrity of proceedings.
In addition to special measures, the legal framework provides other protections for vulnerable individuals, such as restrictions on personal cross‑examination by the defendant in certain offences.
Practical Considerations for Witnesses
Witnesses offered special measures often report feeling more comfortable and supported when giving evidence. Many courts encourage familiarisation visits so that witnesses can see the courtroom and how the measures will work before the trial day. Support organisations and witness services can also provide additional help, including emotional support and explanations of what to expect.
Summary
Special measures are statutory protections under the Youth Justice and Criminal Evidence Act 1999 that help vulnerable or intimidated witnesses give their best evidence in criminal trials. They include a range of procedural adjustments - such as screens, live video links, intermediaries and pre‑recorded testimony - tailored to individual needs. These measures reduce stress and improve communication while allowing courts to balance witness welfare with fair trial requirements. Special measures are a key component of modern criminal procedure, ensuring vulnerable individuals can participate fully in the justice process.
